THE MOTOR VEHICLES ACT, 1988 (59 OF 1988)chdtransport.gov.in/forms/mva1988.pdf1 THE MOTOR VEHICLES ACT, 1988 (59 OF 1988) (14 Oct. 1988) An Act to consolidate and amend the law relating

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THE MOTOR VEHICLES ACT, 1988 (59 OF 1988) (14 Oct. 1988)

An Act to consolidate and amend the law relating to motor vehicles.

Be it enacted by parliament in the Thirty-ninth Year of the Republic of India

as follows : -

Statement of objects and Reasons. - The motor vehicles Act, 1939 ( 4 of

1939), consolidates and amends the law relating to motor vehicles. This has

been amended several times to keep it up to date. The need was, however, felt

that this Act should, now inter alia, take into account also changes in the road

transport technology, pattern of passenger and freight movements, developments,

of the road network in the country and particularly the improved techniques in

the motor vehicles management.

2. Various Committees, like, National Transport Policy Committee,

National Police Commission, Road Safety Committee, Low Powered Two –

Wheelers Committee, as also the Law Commission have gone into different

aspects of road transport. They have recommended updating, simplification and

rationalization of this law. Several Members of Parliament have also urged for

comprehensive review of the Motor Vehicles Act, 1939, to make it relevant to

the modern – day requirements.

3. A Working Group was, therefore, constituted in January, 1984 to

review all the provisions of the Motor Vehicles Act, 1939 and to submit draft

proposals for a comprehensive legislation to replace the existing Act. This

Working Group took into account the suggestions and recommendations earlier

made by various bodies and institutions like Central Institute of Road Transport

(CIRT), Automotive Research Association of India (ARAI), and other transport

organisations including, the manufacturers and the general public, Besides,

obtaining comments of State Governments on the recommendations of the

Working Group, these were discussed in a specially convened meeting of

Transport Ministers of all States and Union territories. Some of the more

important modifications so suggested related for taking care of -

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(a) the fast increasing number of both commercial vehicles and

personal vehicles in the country ;

(b) the need for encouraging adoption of higher technology in

automotive sector;

(c) the greater flow of passenger and freight with the least

impediments so that islands of isolation are not created leading to regional or

local imbalances;

(d) concern for road safety standards, and pollution-control measures,

standards for transportation of hazardous and explosive materials;

(e) simplification of procedure and policy liberalization’s for private

sector operations in the road transport field ; and

(f) need for effective ways of tracking down traffic offenders.

4. The Supreme Court in M. K. Kunhimohammed v. P. A. Ahmedkutty

(1987) 4 S.C.C. 284, has made certain suggestions to raise the limit of

compensation payable as a result of motor accidents in respect of death and

permanent disablement in the event of there being no proof of fault on the

part of the person involved in the accident and also in hit and run motor

accidents and to remove certain disparities in the liability of the insurer to pay

compensation depending upon the class or type of vehicles involved in the

accident. The above suggestions made by the Supreme Court have been

incorporated in the Bill.

5. The proposed legislation has been prepared in the light of the

above background. Some of the more important provisions of the Bill provide

for the following matters, namely :-

(a) rationalization of certain definitions with additions of certain new

definitions of new types of vehicles;

(b) stricter procedures relating to grant of driving licences and the

period of validity thereof;

(c) laying down of standards for the components and parts of motor

vehicles;

(d) standards for anti-pollution control devices;

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(e) provision for issuing fitness certificates of vehicles also by the

authorised testing stations;

(f) enabling provision for updating the system of registration marks;

(g) liberalised schemes for grant of stage carriage permits on non-

nationalised routes, all-India Tourist permits and also national permits for goods

carriages;

(h) administration of the Solatium Scheme by the General Insurance

Corporation;

(i) provision for enhanced compensation in cases of “no fault

liability” and in hit and run motor accidents;

(j) provision for payment of compensation by the insurer to the

extent of actual liability to the victims of motor accidents irrespective of the

class of vehicles;

(k) maintenance of State registers for driving licences and vehicle

registration;

(l) constitution of Road Safety Councils.

6. The Bill also seeks to provide for more deterrent punishment in

the cases of certain offences.

7. The Notes on clauses explain the provisions of the Bill.

Amendment Act 54 of 1994 - Statement of Objects and Reasons. - The

Motor Vehicles Act, 1988 (59 of 1988) consolidated and rationalised various

laws regulating road transport. The Act came into force with effect from 1st

July, 1989 replacing the Motor Vehicles Act, 1939.

2. After the coming into force of the Motor Vehicles Act, 1988,

Government received a number of representations and suggestions from the state

govt. transport operators and members of public regarding the inconvenience faced

by them because of the operation of some of the provisions of the 1988 Act.

A Review Committee was, therefore, constituted by the Government in March,

1990 to examine and review the 1988 Act.

3. The recommendations of the Review Committee were forwarded to

the State Governments for comments and they generally agree with these

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recommendations. The Government also considered a large number of

representations received, after finalisation of the Report of the Review

Committee, from the transport operators and public for making amendments in

the Act. The draft of the proposals based on the recommendation of the

Review Committee and representations from the public were placed before the

Transport Development Council for seeking their views in the matter. The

important suggestions made by the Transport Development Council relate to, or

are on account of, -

(a) The introduction of newer type of vehicles and fast

increasing number of both commercial and personal vehicles in the country.

(b) Providing adequate compensation to victims of road

accidents without going into longdrawn procedure;

(c) Protecting consumers’ interest in Transport Sector;

(d) Concern for road safety standards, transport of hazardous

chemicals and pollution control;

(e) Delegation of greater powers to State Transport Authorities

and rationalising the role of public authorities in certain matters;

(f) The simplification of procedures and policy liberalisation in

the field of Road Transport;

(g) Enchancing penalties for traffic offenders.

4. Therefore, the proposed legislation has been prepared in the light

of the above background. The Bill inter alia provides for –

(a) modification and amplification of certain definitions of new

type of vehicles ;

(b) simplification of procedure for grant of driving licences;

(c) putting restrictions on the alteration of vehicles;

(d) certain exemptions for vehicles running on non-polluting

fuels;

(e) ceilings on individuals or company holdings removed to

curb “benami” holdings;

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(f) states authorised to appoint one or more State Transport

Appellate Tribunals;

(g) punitive checks on the use of such components that do not

conform to the prescribed standards by manufactures, and also stocking / sale

by the traders;

(h) increase in the amount of compensation of the victims of

hit and run cases;

(i) removal of time limit for filling of application by road

accident victims for compensation;

(j) punishment in case of certain offences is made stringent;

(k) a new pre-determined formula for payment of compensation

to road accident victims on the basis of age / income, which is more liberal

and rational.

5. The Law Commission in its 119th Report had recommended that

every application for a claim be made to the Claims Tribunal having jurisdiction

over the area in which the accident occurred or to the Claims Tribunal within

the local limits of whose jurisdiction the claimant resides or carries on business

or within the local limits of whose jurisdiction the defendant resides, at the

option of the claimant. The bill also makes necessary provision to give effect

to the said recommendation.

Amendment Act 27 of 2000 – Statement of Objects and Reasons. – The

Motor Vehicles Act, 1988 consolidated and rationalised various laws regulating

road transport. The said Act was amended in 1994.

2. Further amendments in the aforesaid Act have become necessary

so as to reduce the vehicular pollution and to ensure the safety of the road

users. It is, therefore, proposed to prohibit alteration of vehicles in any manner

including change of tyres of higher capacity. However, the alteration of

vehicles with a view to facilitating the use of eco-friendly fuel including

Liquefied Petroleum Gas (LPG) is being permitted. Further, it is proposed to

confer powers on the Central Government to allow the alteration of vehicles

for certain specified purposes.

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3. At present, the educational institutions are not required to obtain

permits for the operation of buses owned by them. It is proposed to bring

the buses run by these institutions within the purview of the aforesaid Act by

requiring them to obtain permits.

4. It is also proposed to allow renewal of permits, driving licences

and registration certificates granted under the Motor Vehicles Act, 1939 to be

renewed under the Motor Vehicles Act, 1988, by inserting new section 217 – A.

5. The proposed amendments are essential in the overall interest of

securing road safety and maintaining a clean environment.

Amendment Act 39 of 2001 - Statement of Objects and Reasons. – The

Motor Vehicles Act, 1988 (59 of 1988) is a Central legislation through which the

road transport is regulated in the country. By the Motor Vehicles (Amendment )

Act, 1994, inter alia, amendments were made for make special provisions under

sections 66 & 67 so as to provide that vehicles operating on eco–friendly fuels

shall be exempted from the requirements of permits and also the owners of

such vehicles shall have the discretion to fix fares and freights for carriage of

passengers and goods. The intention in bringing the said amendments was to

encourage the operation of vehicles with such eco-friendly fuels.

2. However, it has been observed that during the last several years,

not only the supply of eco-friendly fuels like CNG has increased tremendously,

a large number of vehicles have come on the road which in terms of sections

66 and 67, as amended by the Motor Vehicles ( Amendment) Act, 1994, are

operating without any requirement of permits and are, therefore, not subject to

any control of the State Governments. The number of such vehicles is likely

to further increase substantially.

3. The aforesaid situation is likely to lead to indiscipline on the road

and consequent increase in the road accidents. It is, therefore, considered essential

to remove exemption provided under sections 66 and 67 of the said Act to

CNG operated vehicles so that vehicles which operate on eco-friendly fuels are

also covered by the terms and conditions applicable to all other vehicles.

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4. The proposed amendments are essential in the overall interest of

securing road safety and maintaining a clean environment.

5. The Bill seeks to achieve the above object.

CHAPTER - I PRELIMINARY

1. Short title, extent and commencement. – (1) This Act may be

called The Motor Vehicles Act, 1988.

(2) It extends to the whole of India.

(3) It shall come into force on such date* as the Central Government

may, by notification in the Official Gazette, appoint, and different dates may be

appointed for different States and any reference in this Act to the

commencement of this Act shall, in relation to a State, be construed as a

reference to the coming into force of this Act in that State.

2. Definitions. – In this Act, unless the context otherwise requires, -

(1) “area”, in relation to any provision of this Act, means such

area as the State Government may, having regard to the requirements of that

provision, specify by notification in the Official Gazette;

(2) “articulated vehicle” means a motor vehicle to which a

semi-trailer is attached;

Corresponding Law. – Section 2(2) corresponds to section 2(1-A) of the

Motor Vehicles Act, 1939.

(3) “axle weight” means in relation to an axle of a vehicle the

total weight transmitted by the several wheels attached to that axle to the

surface on which the vehicle rests;

Corresponding Law. – Section 2(3) corresponds to section 2(1-B) of the


(4) “certificate of registration” means the certificate issued by a

competent authority to the effect that a motor vehicle has been duly registered

in accordance with the provisions of Chapter IV;

Corresponding Law. – Section 2(4) corresponds to section 2(2) of the Motor Vehicles Act, 1939.

* Brought into force on 1st July, 1989.

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(5) “conductor”, in relation to a stage carriage, means a person

engaged in collecting fares from passengers, regulating their entrance into,

or exit from, the stage carriage and performing such other functions as may be

prescribed;

Corresponding Law. – Section 2(5) corresponds to section 2(2-B) of the


(6) “conductor’s licence” means the licence issued by a

competent authority under Chapter III authorising the person specified therein to

act as a conductor;

Corresponding Law. – Section 2(6) corresponds to section 2(2-C) of the


(7) “contract carriage” means a motor vehicle which carries a

passenger or passengers for hire or reward and is engaged under a contract,

whether expressed or implied, for the use of such vehicle as a whole for the

carriage of passengers mentioned therein and entered into by a person with a

holder of a permit in relation to such vehicle or any person authorised by him

in this behalf on a fixed or an agreed rate or sum –

(a) on a time basis, whether or not with reference to any

route or distance; or

(b) from one point to another,

and in either case, without stopping to pick up or set down passengers not

included in the contract anywhere during the journey, and includes –

(i) a maxicab; and

(ii) a motorcab notwithstanding that separate fares

are charged for its passengers;

Corresponding Law. – Section 2(7) corresponds to section 2(3) of the


(8) “dealer” includes a person who is engaged –

(a) 1[ * * * ]

1. Sub.-Cl. (a) omitted by Act 54 of 1994, S. 2 ( w.e.f. 14-11-1994 ). Prior to its omission, sub-Cl.(a) read as under :-

“(a) in the manufacture of motor vehicles ; or”.

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(b) in building bodies for attachment to chassis;

(c) or in the repair of motor vehicles; or

(d) in the business of hypothecation, leasing or hire-purchase of motor

vehicle;

Corresponding Law.- Section 2(8) corresponds to section 2(4) of the Motor

Vehicle Act, 1939.

(9) “driver” includes, in relation to a motor vehicle which is drawn

by another motor vehicle, the person who acts as a steersman of the drawn vehicle;

Corresponding Law.- Section 2(9) corresponds to section 2(5) of the Motor

Vehicles Act, 1939.

(10) “driving licence” means the licence issued by a competent

authority under Chapter II authorising the person specified therein to drive, otherwise

than as a learner, a motor vehicle or a motor vehicle of any specified class or

description;

Corresponding Law.- Section 2(10) corresponds to section 2(5-A) of the Motor

Vehicles Act, 1939.

(11) “educational institution bus” means an omnibus, which is owned

by a college, school or other educational institution and used solely for the purpose of

transporting students or staff of the educational institution in connection with any of

its activities;

Corresponding Law.- This is a new provision in the 1998 Act.

(12) “fares” includes sums payable for a season ticket or in respect of

the hire of a contract carriage;

Corresponding Law.- Section 2 (12) corresponds to section 2 (6) of the Motor

Vehicles Act, 1939.

(13) “goods” includes livestock, and anything ( other than equipment

ordinarily used with the vehicle ) carried by a vehicle except living persons, but does

not include luggage or personal effects carried in a motor car or in a trailer attached to

a motor car or the personal luggage of passengers travelling in the vehicle;

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Vehicles Act, 1939.

(14) “goods carriage” means any motor vehicle constructed or adapted

for use solely for the carriage of goods, or any motor vehicle not so constructed or

adapted when used for the carriage of goods;

Corresponding Law.- Section 2 (14) corresponds to secti0n 2 (8) of the Motor

Vehicles Act, 1939.

(15) “gross vehicle weight” means in respect of any vehicle the total

weight of the vehicle and load certified and registered by the registering authority as

permissible for that vehicle;

Corresponding Law. - This is a new provision in the 1988 Act.

(16) “heavy goods vehicle” means any goods carriage the gross

vehicle weight of which, or a tractor or a road-roller the unladen weight of either of

which, exceeds 12,000 kilograms;


Vehicles Act, 1939.

(17) “heavy passenger motor vehicle” means any public service

vehicle or private service vehicle or educational institution bus or omnibus the gross

vehicle weight of any of which, or a motor car the unladen weight of which, exceeds

12,000 kilograms.

Corresponding Law.- Section 2 (17) corresponds to section 2 (9-A) of the


(18) “invalid carriage” means a motor vehicle specially designed and

constructed, and not merely adapted, for the use of a person suffering from some

physical defect or disability, and used solely by or for such a person;


Vehicles Act, 1939.

(19) “learner’s licence’ means the licence issued by a competent

authority under Chapter II authorising the person specified therein to drive as a

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learner, a motor vehicle or a motor vehicle of any specified class or description;


(20) “licensing authority” means an authority empowered to issue

licence under Chapter II or, as the case may be, chapter III ;

Corresponding Law. - Section 2 (20) corresponds to section 2 (12) of the


(21) “light motor vehicle” means a transport vehicle or omnibus the

gross vehicle weight of either of which or a motor car or tractor or road-roller the

unladen weight of any of which, does not exceed 2[7500] kilograms ;


Motor Vehicles Act, 1939. 3[(21-A) “manufacturer” means a person who is engaged in the

manufacture of motor vehicles ;]

Corresponding Law .- This is a new provision in the 1988 Act.

(22) “maxicab” means any motor vehicle constructed or adapted to

carry more than six passengers, but not more than twelve passengers, excluding the

driver, for hire or reward ;


(23) “medium goods vehicle” means any goods carriage other than a

light motor vehicle or a heavy goods vehicle ;



(24) “medium passenger motor vehicle” means any public service

vehicle or private service vehicle, or educational institution bus other than a motor

cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle ;

2. Substituted for “6000” by Act 54 of 1994, S.2.(w.e.f. 14-11-1994).

3. Inserted, ibid (w.e.f. 14-11-1994).

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Corresponding Law. - Section 2 (24) corresponds to section 2 (14-A) of the


3. “motorcab” means any motor vehicle constructed or adapted to carry

not more than six passengers excluding the driver for hire or reward ;



(25) “motor car” means any motor vehicle other than a transport

vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage ;



(26) “motor cycle” means a two-wheeled motor vehicle, inclusive of

any detachable side-car having an extra wheel, attached to the motor vehicle;



(28) “motor vehicle” or “vehicle” means any mechanically propelled

vehicle adapted for use upon roads whether the power of propulsion is transmitted

thereto from an external or internal source and includes a chassis to which a body has

not been attached and a trailer ; but does not include a vehicle running upon fixed rails

or a vehicle of a special type adapted for use only in a factory or in any other enclosed

premises or a vehicle having less than four wheels fitted with engine capacity of not

exceeding 4[twenty-five cubic centimeters] ;



Tractor-trailer. - A Division Bench of the Punjab and Haryana High Court in

United India Insurance Company Ltd. v. Pritpal Singh (1996-2) 113 Punj. L.R. 49

held that even though trailer may be drawn by a motor vehicle if by if self is a motor

vehicle and both the Tractor & Trailer taken together would constitute a transport

vehicle.

4. Substituted for “thirty-five cubic centimetres” by Act 54 of 1994,S.2 (w.e.f.14-11-1994)

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(29) “omnibus” means any motor vehicle constructed or adapted to

carry more than six persons excluding the driver ;



(30) “owner” means a person in whose name a motor vehicle stands

registered and where such person is a minor, the guardian of such minor, and in

relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an

agreement of lease or an agreement of hypothecation, the person in possession of the

vehicle under that agreement ;


Vehicles Act, 1939.

(31) “permit” means a permit issued by a State or Regional Transport

Authority or an authority prescribed in this behalf under this Act authorising the use of

motor vehicle as a transport vehicle ;



(32) “prescribed” means prescribed by rules made under this Act;



(33) “private service vehicle” means a motor vehicle constructed or

adapted to carry more than six persons excluding the driver and ordinarily used by or

on behalf of the owner of such vehicle for the purpose of carrying persons for, or in

connection with, his trade or business otherwise than for hire or reward but does not

include a motor vehicle used for public purposes ;



(34) “public place” means a road, street, way or other place, whether a

thoroughfare or not, to which the public have a right of access, and includes any place

or stand at which passengers are picked up or set down by a stage carriage ;

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(35) “public service vehicle” means any motor vehicle used or adapted

to be used for the carriage of passengers for hire or reward, and includes a maxicab, a

motorcab, contract carriage, and stage carriage ;



(36) “registered axle weight” means in respect of the axle of any

vehicle, the axle weight certified and registered by the registering authority as

permissible for that axle;



(37) “registering authority” means an authority empowered to register

motor vehicles under Chapter IV ;



(38) “route” means a line of travel which specifies the highway which

may be traversed by a motor vehicle between one terminus and another ;

Corresponding Law. - Section 2 (38) corresponds to section 2 (28-A) of the

Motor Vehicles Act, 1939. 5[(39) “semi-trailer” means a vehicle not mechanically propelled ( other

tan a trailer ), which is intended to be connected to a motor vehicle and which is so

constructed that a portion of it is super-imposed on, and a part of whose weight is

borne by, that motor vehicle ;]

Corresponding Law.- This is a new provision in the 1988 Act.

5. Cl. (39) substituted by Act 54 of 1994, S.2 (w.e.f. 14-11-1994). Prior to its substitution, Cl. (39) read as under :-

“(39) ‘semi-trailer’ means a trailer drawn by a motor vehicle and so constructed that a part of it is super-imposed on, and a part of its weight is borne by, the drawing vehicle;”.

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(40) “stage carriage” means a motor vehicle constructed or adapted to

carry more than six passengers excluding the driver for hire or reward at separate

fares paid by or for individual passengers, either for the whole journey or for stages of

the journey ;


Vehicles Act, 1939.

(41) “State Government” in relation to a Union territory, means the

Administrator thereof appointed under article 239 of the Constitution ;


(42) “State transport undertaking” means any undertaking providing

road transport service, where such undertaking is carried on by –

(i) the Central Government or a State Government ;

(ii) any Road Transport Corporation established under section

3 of the Road Transport Corporations Act, 1950 ;

(iii) any municipality or any corporation or company owned or

controlled by the Central Government or one or more State Governments, or by the

Central Government and one or more State Government ; 6(iv) Zilla Parishad or any other similar local authority.

Explanation. – For the purposes of this clause, “road transport service” means a

service of motor vehicles carrying passengers or goods or both by road for hire or

reward;

Corresponding Law. – Section 2(42) corresponds to section 68-A(b) of the


(43) “tourist vehicle” means a contract carriage constructed or adapted

and equipped and maintained in accordance with such specifications as may be

prescribed in this behalf;




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(44) “tractor” means a motor vehicle which is not itself constructed to

carry any load (other than equipment used for the purpose of propulsion); but

excludes a road-roller;


Vehicles Act, 1939.

(45) “traffic signs” includes all signals, warning sign posts, direction

posts, markings on the road or other devices for the information, guidance or direction

of drivers of motor vehicles ;


Vehicles Act, 1939.

(46) “trailer” means any vehicle, other than a semi-trailer and a side-

car, drawn or intended to be drawn by a motor vehicle ;



(47) “transport vehicle” means a public service vehicle, a goods

carriage, an educational institution bus or a private service vehicle ;



(48) “unladen weight” means the weight of a vehicle or trailer

including all equipment ordinarily used with the vehicle or trailer when working, but

excluding the weight of a driver or attendant; and where alternative parts or bodies are

used the unladen weight of the vehicle means the weight of the vehicle with the

heaviest such alternative part or body ;



(49) “weight” means the total weight transmitted for the time being

by the wheels of a vehicle to the surface on which the vehicle rests.


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CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES

3. Necessity for driving licence. - (1) No person shall drive a motor

vehicle in any public place unless he holds an effective driving licence issued to him

authorising him to drive the vehicle ; and no person shall so drive a transport vehicle

[other than 7[ a motorcab or motor cycle] hired for his own use or rented under

any scheme made under sub - section (2) of section 75] unless his driving licence

specifically entitles him so to do.

(2) The conditions subject to which sub-section (1) shall not apply to a

person receiving instructions in driving a motor vehicle shall be such as may be

prescribed by the Central Government.


Vehicles Act, 1939.

Objects and Reasons.- Clause 3, sub-clause (1), provides for the need to have a

licence to drive a motor vehicle & a special authorisation to drive a transport vehicle.

Sub-clause (2) empowers the Central Government to prescribe conditions

subject to which a vehicle may be driven by a person receiving instructions in driving.

4. Age limit in connection with driving of motor vehicles. – (1) No

person under the age of eighteen years shall drive a motor vehicle in any public place:

Provided that 8[a motor cycle with engine capacity not exceeding 50 cc] may

by driven in a public place by a person after attaining the age of sixteen year.

(2) Subject to the provisions of section 18, no person under the age of

twenty years shall drive a transport vehicle in any public place.

(3) No learner’s licence or driving licence shall be issued to any person to

drive a vehicle of the class to which he has made an application unless he is eligible to

drive that class of vehicle under this section.

7. Substituted for “a motorcab” by Act 54 of 1994, S.3 (w.e.f. 14-11-1994). 8. Substituted for “a motor cycle without gear” by Act 54 of 1994, S. 4 ( w.e.f. 14-11-

1994).

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Corresponding Law. - Section 4 corresponds to section 4 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 4 provides that a person who has completed

sixteen years of age may drive a motor cycle without gear. To drive a motor vehicle

other than a transport vehicle, the person must have completed eighteen years of age

and to drive a transport vehicle a person must have completed twenty year of age. This

clause seeks to prohibit the issue of a licence to drive a motor cycle or a motor vehicle

to those persons who do not satisfy the above age requirements.

5. Responsibility of owners of motor vehicles for contravention of

sections 3 and 4. - No owner or person in charge of a motor vehicle shall cause or

permit any person who does not satisfy the provisions of section 3 section 4 to drive

the vehicle.


Vehicles Act, 1939.

Objects and Reasons. - Clause 5 prohibits the owner or person in charge of a

motor vehicle permitting any person who does not satisfy the age requirement to drive

the vehicle.

6. Restrictions on the holding of driving licences. - (1) No person

shall, while he holds any driving licence for the time being in force, hold any other

driving licence except a learner’s licence or a driving licence issued in accordance

with the provisions of section 18 or a document authorising, in accordance with the

rules made under section 139, the person specified therein to drive a motor vehicle.

(2) No holder of a driving licence or a learner’s licence shall permit it to be

used by any other person.

(3) Nothing in this section shall prevent a licensing authority having the

jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of

vehicles which the driving licence authorises the holder to drive.


Vehicles Act, 1939.

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Objects and Reasons. - Clause 6 seeks to impose certain restrictions on the

holding of driving licences by certain persons.

7. Restrictions on the granting of learner’s licences for certain

vehicles. - 9[(1) No person shall be granted a learner’s licence to drive a transport

vehicle unless he has held a driving licence to drive a light motor vehicle for at least

one year.]

(2) No person under the age of eighteen years shall be granted a learner’s

licence to drive motorcycle without gear except with the consent in writing of the

person having the care of the person desiring the learner’s licences.


Objects and Reasons.-Clause 7 prescribes certain minimum driving experience

in light motor vehicle before a person becomes qualified to drive a medium or heavy

passenger motor vehicle or goods carriages. This clause also prohibits the grant of

licence to drive a motor cycle without gear to any person who has completed sixteen

years of age without production of a consent letter from the guardian.

8. Grant of learner’s licence. - (1) Any person who is not disqualified

under section 4 for driving a motor vehicle and who is not for the time being

disqualified for holding or obtaining a driving licence may, subject to the provisions

of section 7, apply to the licensing authority having jurisdiction in the area –

(i) in which he ordinarily resides or carries on business, or

(ii) in which the school or establishment referred to in section 12

from where he intends to receive instruction in driving a motor vehicle is situate, for

the issue to him of a learner’s licence.

9. Sub-S. (1) substituted by Act 54 of 1994, S. 5 (w.e.f. 14-11-1994). Prior to its

substitution, sub-S. (1) read as under .-

“(1) No person shall be granted a learner’s licence :-

(a) to drive a heavy goods vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least one year to drive a medium goods vehicle;

(b) to drive a heavy passenger motor vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least one year to drive a medium passenger motor vehicle ;

(c) to drive a medium goods vehicle or a medium passenger motor vehicle unless he has held a driving licence for at least one year to drive a light motor vehicle.”

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(2) Every application under sub-section (1) shall be in such form and shall

be accompanied by such documents and with such fee as may be prescribed by

the Central Government.

(3) Every application under sub-section (1) shall be accompanied by a

medical certificate in such form as may be prescribed by the Central Government and

signed by such registered medical practitioner, as the State Government or any person

authorised in this behalf by the State Government may, by notification in the Official

Gazette, appoint for this purpose.

10[ Provided that no such medical certificate is required for licence to drive a

vehicle other than a transport vehicle.]

(4) If, from the application or from the medical certificate referred to in sub-

section (3) it appears that the applicant is suffering from any disease or disability

which is likely to cause the driving by him of a motor vehicle of the class which he

would be authorised by the learner’s licence applied for to drive to be a source of

danger to the public or to the passengers, the licensing authority shall refuse to issue

the learner’s licence;

Provided that a learner’s licence limited to driving an invalid carriage may be

issued to the applicant, if the licensing authority is satisfied that he is fit to drive such

a carriage.

(5) No ,learner’s licence shall be issued to any applicant unless he passes to

the satisfaction of the licensing authority such test as may be prescribed by the Central

Government.

(6) When an application has been duly made to the appropriate licensing

authority and the applicant has satisfied such authority of his physical fitness under

sub-section (3) and has passed to the satisfaction of the licensing authority the test

referred to in sub-section (5) the licensing authority shall, subject to the provisions of

section 7, issue the applicant a learner’s licence unless the applicant is disqualified

under section 4 for driving a motor vehicle or is for the time being disqualified for

holding or obtaining a licence to drive a motor vehicle.

10. Added by Act 54 of 1994, S. 6 ( w.e.f. 14-11-1994 ).

21

Provided that a licensing authority may issue a learner’s licence to drive a

motor cycle or a light motor vehicle notwithstanding that it is not the appropriate

licensing authority, if such authority is satisfied that there is good reason for the

applicant’s inability to apply to the appropriate licensing authority.

(7) Where the Central Government is satisfied that it is necessary or

expedient so to do, it may, by rules made in this behalf, exempt generally, either

absolutely or subject to such conditions as may be specified in the rules, any class of

persons from the provisions of sub-section (3) or sub-section (5), or both.

(8) Any learner’s licence for driving a motor cycle in force immediately

before the commencement of this Act shall, after such commencement, be deemed to

be effective for driving a motor cycle with or without gear.


Objects and Reasons. - Clause 8 lays down the procedure in making an

application for the grant of learner’s licence. A pass in the test on the rules on the road

and a strict medical test are pre-conditions for the issue of the learner’s licence. This

clause, however, seeks to empower the Central Government to exempt any class of

persons from the above tests.

9. Grant of driving licence. - (1) Any person who is not for the time

being disqualified for holding or obtaining a driving licence may apply to the

licensing authority having jurisdiction in the area –

(i) in which he ordinarily resides or carries on business, or

(ii) in which the school or establishment referred to in section 12

from where he is receiving or has received instruction in driving a motor vehicle is

situated,

for the issue to him of a driving licence.

(2) Every application under sub-section (1) shall be in such form and shall

be accompanied by such fee and such documents as may be prescribed by the Central

Government.

22

11[(3) If the applicant passes such test as may be prescribed by the Central

Government, he shall be issued the driving licence :

Provided that no such test shall be necessary where the applicant produces

proof to show that –

(a) (i) the applicant has previously held a driving licence to drive such class of

vehicle and that the period between the date of expiry of that licence and the date of

the application does not exceed five years, or

(ii) the applicant holds or has previously held a driving licence to drive such

class of vehicle issued under section 18, or

11. Sub-S. (3) substituted by Act 54 of 1994, S. 7 (w.e.f. 14-11-1994). Prior to its substitution,

sub-S. (3) read as under :-

“(3) No driving licence shall be issued to any applicant unless he passes to the satisfaction of

the licensing authority such test of competence to drive as may be prescribed by the Central

Government : Provided that, where the application is for a driving licence to drive a motor cycle or a light

motor vehicle, the licensing authority shall exempt the applicant from the test of competence

prescribed under this sub-section, if the licensing authority is satisfied :

(a) (i) that the applicant has previously held a driving licence and that the period between

the date of expiry of that licence and the date of such application does not exceed five years ; or

(ii)that the applicant holds or has previously held a driving licence issued under

section 18 ; or

(ii)that the applicant holds a driving licence issued by a competent authority of any

country outside India ; and

(b) that the applicant is not suffering from any disease or disability which is likely to

cause the driving by him of a motor cycle or, as the case may be, a light motor vehicle to be a source

of danger to the public ; and as the licensing authority may for that purpose require the applicant to

produce a medical certificate in the same form and in the same manner as is referred to in sub-section

(3) of section 8:

Provided further that where the application is for a driving licence to drive a motor vehicle (

not being a transport vehicle), the licensing authority may exempt the applicant from the test of

competence to drive prescribed under this sub-section, if the applicant possesses a driving certificate

issued by an automobile association recognised in this behalf by the State Government.”

23

(iii) the applicant holds a driving licence to drive such class of vehicle

issued by a competent authority of any country outside India, subject to the

condition that the applicant complies with the provisions of sub-section (3) of section

8,

(b) the applicant is not suffering from any disability which is likely to cause

driving by him to be a source of danger to the public ; and the licensing authority may,

for that purpose, require the applicant to produce a medical certificate in the same

form and in the same manner as is referred to in sub-section (3) of section 8 :

Provided further that where the application is for a driving licence to drive a

motor vehicle (not being a transport vehicle), the licensing authority may exempt the

applicant from the test of competence to drive a vehicle prescribed under this sub-

section, if the applicant possesses a driving certificate issued by any institution

recognised in this half by the State Government.]

(4) Where the application is for a licence to drive a transport vehicle, no such

authorisation shall be granted to any applicant unless he possesses such minimum

educational qualification as may be prescribed by the Central Government and a

driving certificate issued by a school or establishment referred to in section 12. 12[(5) Where the applicant does not pass the test, he may be permitted to re-

appear for the test after a period of seven days :

Provided that where the applicant does not pass the test even after three

appearances, he shall not be qualified to re-appear for such test before the expiry of a

period of sixty days from the date of last such test.]

(6) The test of competence to drive shall be carried out in a vehicle of the

type to which the application refers:

12. Sub-S. (5) substituted by Act 54 of 1994, S. 7 ( w.e.f. 14-11-1994). Prior to its

substitution, sub-S. (5) reads as under :-

“(5) Where the applicant does not pass to the satisfaction of the licensing authority the test of

competence to drive under sub-S. (3), he shall not be qualified to re-appear for such test, -

(a) in the case of first three such tests, before a period of one month from the date of last

such test ; and

(b) in the case of such test after the first three tests, before a period of one year from the date of last such test.”

24

Provided that a person who passed a test in driving a motor cycle with gear

shall be deemed also to have passed a test in driving a motor cycle without gear.

(7) When any application has been duly made to the appropriate

licensing authority and the applicant has satisfied such authority of his

Competence to drive, the licensing authority shall issue the applicant a driving

licence unless the applicant is for the time being disqualified for holding or obtaining

a driving licence :

Provided that a licensing authority may issue a driving licence to drive a motor

cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing

authority :

Provided further that the licensing authority shall not issue a new driving

licence to the applicant, if he had previously held a driving licence, unless it is

satisfied that there is good and sufficient reason for his inability to obtain a duplicate

copy of his former licence.

(8) If the licensing authority is satisfied, after giving the applicant an

opportunity of being heard, that he –

(a) is a habitual criminal or a habitual drunkard ; or

(b) is a habitual addict to any narcotic drug or psychotropic substance

within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( 61

of 1985 ) ; or

(c) is a person whose licence to drive any motor vehicle has, at any time

earlier, been revoked,

It may for reasons to be recorded in writing, make an order refusing to issue a

driving licence to such person and any person aggrieved by an order made by a

licensing authority under this sub-section may, within thirty days of the receipt of the

order, appeal to the prescribed authority.

(9) Any driving licence for driving a motor cycle in force immediately

before the commencement of this Act shall, after such commencement, be deemed to

be effective for driving a motor cycle with or without gear.

25

Corresponding Law.- Sub-sections (1),(2),(3),(6) and (7) of section 9

correspond to sub-sections (1),(2),(6), (7) and (8) respectively, of section 7 of the

Motor Vehicles Act, 1939. However, sub-sections (4),(5),(8) and (9) of section9, are

new provisions.

Objects and Reasons. - Clause 9 sets out the procedures in the grant of driving

licences. A pass in the test of competence to drive a motor vehicle of the type to which

the application refers, is a pre-condition for the grant of driving licence. This clause

also seeks to empower the Central Government to exempt certain class of persons

from the test of competence to drive. This clause also seeks to impose a condition that

applicants for licence to drive a transport vehicle should produce alongwith the

application a driving certificate from a recognised driving institution. It also provides

the circumstances under which a licensing authority may refuse to issue a driving

licence.

10. Form and contents of licences to drive. - (1) Every learner’s

licence and driving licence, except a driving licence issued under section 18, shall be

in such form and shall contain such information as may be prescribed by the Central

Government.

(2) A learner’s licence or as the case may be, driving licence shall also be

expressed as entitling the holder to drive a motor vehicle of one or more of the

following classes, namely :-

(a) motor cycle without gear;

(b) motor cycle with gear ;

(c) invalid carriage ;

(d) light motor vehicle ; 13[(e) transport vehicle ;] 13. Substituted for sub-Cls. (e) to (h) by Act 54 of 1994, S. 8 (w.e.f. 14-11-1994). Prior to

their substitution, sub-Cls. (e) to (h) read as under :- “(e) Medium goods vehicle ; (f) medium passenger motor vehicle ; (g) heavy goods vehicle ; (h) heavy passenger motor vehicle ;”

26

(i) road-roller ;

(ii) motor vehicle of a specified description.

Corresponding Law.- Section 10 corresponds to section 8 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 10 empowers the Central Government to

prescribe the form of learner’s licence and the form of driving licence.

11. Additions to driving licence. - (1) Any person holding a driving

licence to drive any class or description of motor vehicles, who is not for the time

being disqualified for holding or obtaining a driving licence to drive any other class or

description of motor vehicles, may apply to the licensing authority having jurisdiction

in the area in which he resides or carries on his business in such form and

accompanied by such documents and with such fees as may be prescribed by the

Central Government for the addition of such other class or description of motor

vehicles to the licence.

(2) Subject to such rules as may be prescribed by the Central government,

the provisions of section 9 shall apply to an application under this section as if the said

application were for the grant of a licence under that section to drive the class or

description of motor vehicles which the applicant desires to be added to his licence.

Corresponding Law. - Section 11 corresponds to section 8-A of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 11 makes provisions for the addition of another

class of motor vehicle to any driving licence on application made by the holder of the

licence, and lays down the procedure in making the application.

12. Licensing and regulation of schools or establishments for

imparting instruction in driving of motor vehicles.- (1) The Central

Government may make rules for the purpose of licensing and regulating, by the State

Governments, schools or establishments ( by whatever name called ) for imparting

instruction in driving of motor vehicles and matters connected therewith.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters, namely :-

27

(a) licensing of such schools or establishments including grant, renewal

and revocation of such licences;

(b) supervision of such schools or establishments ;

(c) the form of application and the form of licence and the particulars to

be contained therein ;

(d) fee to be paid with the application for such licences ;

(e) conditions subject to which such licences may be granted ;

(f) appeals against the orders of refusal to grant or renew such licences

and appeals against the orders revoking such licences ;

(g) conditions subject to which a person may establish and maintain any

such school or establishment for imparting instruction in driving of motor vehicles;

(h) nature, syllabus and duration of course or courses for efficient

instruction in driving any motor vehicle ;

(i) apparatus and equipments ( including motor vehicles fitted with dual

control ) required for the purpose of imparting such instruction ;

(j) suitability of the premises at which such schools or establishments

may be established or maintained and facilities to be provided therein ;

(k) qualifications, both educational and professional ( including

experience ), which a person imparting instruction in driving a motor vehicle shall

possess ;

(l) inspection of such schools and establishments ( including the

services rendered by them and the apparatus, equipments and motor vehicles

maintained by them for imparting such instruction ) ;

(m) maintenance of records by such schools or establishments ;

(n) financial stability of such schools or establishments ;

(o) the driving certificates, it any, to be issued by such schools or

establishments and the form in which such driving certificates shall be issued and the

28

requirements to be complied with for the purposes of issuing such certificates ;

(p) such other matters as may be necessary to carry out the purposes

of this section.

(3) Where the Central Government is satisfied that it is necessary or

expedient so to do, it may, by rules made in this behalf, exempt generally, either

absolutely or subject to such conditions as may be specified in the rules, any class of

schools or establishments imparting instruction in driving of motor vehicles or matters

connected therewith from the provisions of this section.

(4) A school or establishment imparting instruction in driving of motor

vehicles or matters connected therewith immediately before the commencement of

this Act, whether under a licence or not may continue to impart such instruction

without a licence issued under this Act for a period of one month from such

commencement, and if it has made an application for such licence under this Act

within the said period of one month and such application is in the prescribed form,

contains the prescribed particulars and is accompanied by the prescribed fee, till the

disposal of such application by the licensing authority.


Objects and Reasons. - Clause 12 confers upon the Central Government the

power to make rules for the licensing of driving schools by the State Government for

imparting instruction in driving motor vehicle. The rules provide for the qualifications

of the instructors of the driving schools, conditions subject to which the licences may

be granted, the authorities to grand the licence, appellate authorities, etc., the time

within which the existing establishments, if any, should apply for the licence. It also

empowers the Central Government to exempt any persons or establishments from the

operation of the provision of this clause.

13. Extent of effectiveness of licences to drive motor vehicles. - A

learner’s licence or a driving licence issued under this Act shall be effective

throughout India.

Corresponding Law.- Section 13 corresponds to section 9(1) of the Motor

Vehicles Act, 1939.

29

Objects and Reasons. - Clause 13 specified the extent of validity of a learner’s

licence and a driving licence. The licences are to be valid throughout India.

14. Currency of licences to drive motor vehicles. - (1) A learner’s

licence issued under this Act shall, subject to the other provisions of this Act, be

effective for a period of six months from the date of issue of the licence.

(2) A driving licence issued or renewed under this Act shall –

(a) in the case of a licence to drive a transport vehicle, be effective

for a period of three years : 14 [*] 15 [Provided that in the case of licence to drive a transport vehicle carrying

goods of dangerous or hazardous nature be effective for a period of one year and

renewal thereof shall be subject to the condition that the driver undergoes one day

refresher course of the prescribed syllabus ; and ]

(b) in the case of any other licence -

(i) if the person obtaining the licence, either originally or on

renewal thereof, has not attained the age of 16 [ fifty years ] on the date of issue or, as

the case may be, renewal thereof –

(A) be effective for a period of twenty years from the

date of such issue or renewal ; or

(B) until the date on which such person attains the age

of 17 [ fifty years ], whichever is earlier ; 18 [ (ii) if the person referred to in sub-clause (i), has

attained the age of fifty years on the date of issue or, as the case may be, renewal

14. The word “and” omitted by Act 54 of 1994, S.9 (w.e.f. 14-11-1994).


16. Substituted, ibid, for “forty years” (w.e.f. 14-11-1994).

17. Substituted, ibid, for “forty years” (w.e.f. 14-11-1994). 18. Sub-Cl. (ii) substituted by Act 54 of 1994, S. 9 (w.e.f. 14-11-1994). Prior to its

substitution, sub-Cl. (ii) read as under :-

“(ii) if the person referred to in sub-clause (i) has attained the age of forty years on

the date of issue or , as the case may be, renewal thereof, be effective, for a period of five years from

the date of such issue or renewal.”

30

thereof, be effective, on payment of such fee as may be prescribed, for a period of five

years from the date of such issue or renewal : ]

Provided that every driving licence shall, notwithstanding its expiry under this

sub-section, continue to be effective for a period of thirty days from such expiry.


Vehicles Act, 1939.

Objects and Reasons. - Clause 14 lays down that a learner’s licence shall be

valid for six months. It also provides that in respect of persons who have not attained

40 years of age, the issue and renewal of driving licence, to drive non-transport

vehicle, shall be for 20 year or until the date on which the holder attains 40 years of

age, whichever is earlier and in respect of persons who have attained 40 years of age,

for every 5 years. The issue and renewal of driving licence to drive transport vehicle

will be for 3 years and the driving licence shall be deemed to continue to be effective

for 30 days after the date of its expiry.

15. Renewal of driving licences. - (1) Any licensing authority may, on

application made to it, renew a driving licence issued under the provisions of this Act

with effect from the date of its expiry :

Provided that in any case where the application for the renewal of a licence is

made more than thirty days after the date of its expiry, the driving licence shall be

renewed with effect from the date of its renewal :

Provided further that where the application is for the renewal of a licence to

drive a transport vehicle or where in any other case the applicant has attained the age

of forty years, the same shall be accompanied by a medical certificate in the same

form and in the same manner as is referred to in sub-section (3) of section 8, and the

provisions of sub-section (4) of section 8 shall, so far as may be apply in relation to

every such case as they apply in relation to a learner’s licence.

(2) An application for the renewal of a driving licence shall be made in such

form and accompanied by such documents as may be prescribed by the Central

Government.

(3) Where an application for the renewal of a driving licence is made

31

previous to, or not more than thirty days after the date of its expiry, the fee payable for

such renewal shall be such as may be prescribed by the Central Government in

this behalf.

(4) Where an application for the renewal of a driving licence is made more

than thirty days after the date of its expiry, the fee payable for such renewal shall be

such amount as may be prescribed by the Central government :

Provided that the fee referred to in sub-section (3) may be accepted by the

licensing authority in respect of an application for the renewal of a driving licence

made under this sub-section if it is satisfied that the applicant was prevented by good

and sufficient cause from applying within the time specified in sub-section (3) :

Provided further that if the application is made more than five years after the

driving licence has ceased to be effective, the licensing authority may refuse to renew

the driving licence, unless the applicant undergoes and passess to its satisfaction the

test of competence to drive referred to in sub-section (3) of section 9.

(5) Where the application for renewal has been rejected, the fee paid shall

be refunded to such extent and in such manner as may be prescribed by the Central

Government.

(6) Where the authority renewing the driving licence is not the authority

which issued the driving licence it shall intimate the fact of renewal to the authority

which issued the driving licence.

Corresponding Law. - Sub-section (1),(2),(3),(4),(5) and (6) of section 15

corresponds to sub-section (1),(2),(3),(3-A)(3-B) and (4), respectively, of section 11

of the Motor Vehicles Act, 1939.

Objects and Reasons. - clause 15 provides that if the application for renewal

of driving licence is made within 30 days of its expiry, it shall be renewed from the

date of its expiry and application for renewal made after 30 days and before 5 years of

its expiry, it shall be renewed from the date of such renewal. Application for renewal

of driving licence to drive transport vehicle and application for renewal of driving

licence to drive non-transport vehicle from persons who have attained 45 years of age

shall be accompanied by a medical certificate.

32

16. Revocation of driving licence on grounds of disease or

disability. - Notwithstanding anything contained in the foregoing sections, any

licensing authority may at any time revoke driving licence or may require, as a

condition of continuing to hold such driving licence, the holder thereof to produce a

medical certificate in the same form and in the same manner as is referred to in sub-

section (3) of section 8, if the licensing authority has reasonable grounds to believe

that the holder of the driving licence is, by virtue of any disease or disability, unfit to

drive a motor vehicle and where the authority revoking a driving licence is not the

authority which issued the same, it shall intimate the fact of revocation to the authority

which issued that licence.


Vehicles Act, 1939.

Objects and Reasons. - Clause 16 seeks to empower the licensing authorities to

revoke the driving licences if the holder of driving licence is found medically unfit to

drive by virtue of any disease or disability.

17. Orders refusing or revoking driving licences and appeals there

form. - (1) Where a licensing authority refuses to issue any learner’s licence

or to issue or renew, or revokes, any driving licence, or refuses to add a class or

description of motor vehicle to any driving licence, it shall do so by an order

communicated to the applicant or the holder, as the case may be, giving the reasons in

writing for such refusal or revocation.

(2) Any person aggrieved by an order made under sub-section (1) may,

within thirty days of the service on him of the order, appeal to the prescribed authority

which shall decide the appeal after giving such person and the authority which made

the order an opportunity of being heard and the decision of the appellate authority

shall be binding on the authority which made the order.


Vehicles Act, 1939.

33

Objects and Reasons. - Clause 17 requires that when the licensing authority

refuses to renew, issue or revokes a licence, it shall give its reasons in writing to

the holder of the licence. This also provides for appeal against the orders of the

licensing authority to the prescribed authority.

18. Driving licences to drive motor vehicles, belonging to the

Central Government . - (1) Such authority as may be prescribed by the Central

Government may issue driving licence valid throughout India to persons who have

completed their eighteen year to drive motor vehicles which are the property or for the

time being under the exclusive control of the Central Government and are used for

Government purposes relating to the defence of the country and unconnected with any

commercial enterprise.

(2) A driving licence issued under this section shall specify the class or

description of vehicle which the holder is entitled to drive and the period for which he

is so entitled.

(3) A driving licence issued under this section shall not entitle the holder to

drive any motor vehicle except a motor vehicle referred to in sub-section (1).

(4) The authority issuing any driving licence under this section shall, at the

request of any State Government, furnish such information respecting any person to

whom a driving licence is issued as that Government may at any time require.


Vehicles Act, 1939.

Objects and Reasons. - Clause 18 confers upon the Central Government the

power to prescribe the authority for the grant of driving licences to drive motor

vehicles, which are the property of the Central Government, and are used for

Government purposes relating to the defence of the country.

19. Power of licensing authority to disqualify from holding a

driving licence or revoke such licence . - (1) If a licensing authority is satisfied,

after giving the holder of a driving licence an opportunity of being heard, that the –

(a) is a habitual criminal or a habitual drunkard ; or

34

(b) is a habitual addict to any narcotic drug or psychotropic

substance within the meaning of the Narcotic Drugs and Psychotropic Substances

Act, 1985 ; or

(c) is using or has used a motor vehicle in the commission of a

cognizable offence ; or

(d) has by his previous conduct as driver of a motor vehicle shown

that his driving is likely to be attended with danger to the public ; or

(e) has obtained any driving licence or a licence to drive a particular

class or description of motor vehicle by fraud or misrepresentation ; or

(f) has committed any such act which is likely to cause nuisance or

danger to the public, as may be prescribed by the Central Government, having regard

to the objects of this Act; or

(g) has failed to submit to, or has not passed, the tests referred to in

the proviso to sub-section (3) of section 22 ; or

(h) being a person under the age of eighteen years who has been

granted a learner’s licence or a driving licence with the consent in writing of the

person having the care of the holder of the licence and has ceased to be in such care,

it may, for reasons to be recorded in writing, make an order –

(i) disqualifying that person for a specified period for holding or

obtaining any driving licence to drive all or any classes or descriptions of vehicles

specified in the licence ; or

(ii) revoke any such licence.

(2) Where an order under sub-section (1) is made, the holder of a driving

licence shall forthwith surrender his driving licence to the licensing authority making

the order, if the driving licence has not already been surrendered, and the licensing

authority shall, -

(a) if the driving licence is a driving licence issued under this Act, keep

it until the disqualification has expired or has been removed ; or

35

(b) if it is not a driving licence issued under this Act, endorse the

disqualification upon it and send it to the licensing authority by which it was

issued ; or

(c) in the case of revocation of any licence, endorse the revocation upon

it and if it is not the authority which issued the same, intimate the fact of revocation to

the authority which issued that licence ;

Provided that where the driving licence of a person authorises him to drive

more than one class or description of motor vehicles and the order, made under sub-

section (1), disqualifies him from driving any specified class or description of motor

vehicles, the licensing authority shall endorse the disqualification upon the driving

licence and return the same to the holder.

(3) Any person aggrieved by an order made by a licensing authority under

sub-section (1) may, within thirty days of the receipt of the order, appeal to the

prescribed authority, and such appellate authority shall give notice to the licensing

authority and hear either party if so required by that party and may pass such order as

it thinks fit and an order passed by any such appellate authority shall be final.


Vehicles Act, 1939.

Objects and Reasons. - Clause19 contains provisions for the disqualification

of the holder of the licence, by the licensing authorities, for holding or obtaining

the licence for a specified period or for revoking the licence for the reasons

enumerated in this clause. It also makes provision for appeal against the orders of the

licensing authorities to the prescribed authorities.

20. Power of Court to disqualify. - (1) Where a person is convicted of

an offence under this Act or of an offence in the commission of which a motor vehicle

was used, the Court by which such person is convicted may, subject to the provisions

of this Act, in addition to imposing any other punishment authorised by law, declare

the persons so convicted to be disqualified, for such period as the Court may specify,

from holding any driving licence to drive all classes or description of vehicles, or any

particular class or description of such vehicles, as are specified in such licence :

36

Provided that in respect of an offence punishable under section 183 no such

order shall be made for the first or second offence.

(2) Where a person is convicted of an offence under clause (c) of sub-

section (1) of section 132, section 134 or section 185, the Court convicting any person

of any such offence shall order the disqualification under sub section (I) and if the

offence is relatable to clause (c) of sub-section (1) of section 132 or section 134, such

disqualification shall be for a period of not less than one month, and if the offence is

relatable to section 185, such disqualification shall be for a period of not less than six

months.

(3) A Court shall, unless for special reasons to be recorded in writing it

thinks fit to order otherwise, order the disqualification of a person –

(a) who having been convicted of an offence punishable under section

184 is again convicted of an offence punishable under that section,

(b) who is convicted of an offence punishable under section 189, or

(c) who is convicted of an offence punishable under section 192 :

Provided that the period of disqualification shall not exceed, in the case

referred to in clause (a), five years, or, in the case referred to in clause (b), two years

or, in the case referred to in clause (c), one year.

(4) A Court ordering the disqualification of a person convicted of an offence

punishable under section 184 may direct that such person shall, whether he has

previously passed the test of competence to drive as referred to in sub-section (3) of

section 9 or not, remain disqualified until he has subsequent to the making of the order

of disqualification passed that test to the satisfaction of the licensing authority.

(5) The Court to which an appeal would ordinarily lie from any conviction

of an offence of the nature specified in sub-section (1) may set aside or vary any order

of disqualification made under that sub-section notwithstanding that no appeal would

lie against the conviction as a result of which such order of disqualification was made.

Corresponding Law. - Sub-section (1), (2), (3), (4), and (5) of section 20

corresponds to sub-sections (1), (4), (5), (6) and (7) respectively, of section 17 of the


37

Objects and Reasons. -Clause 20 seeks to authorise the Courts to

disqualify the holders of driving licences for a specified period on conviction under

this Act.

21. Suspension of driving licence in certain cases . - (1) Where, in

relation to a person who had been previously convicted of an offence punishable

under section 184, a case is registered by a police officer on the allegation that such

person has, by such dangerous driving as is referred to in the said section 184, of any

class or description of motor vehicle caused the death of , or grievous hurt to, one or

more persons, the driving licence held by such person shall in relation to such class or

description of motor vehicle become suspended –

(a) for a period of six months from the date on which the case is

registered, or

(b) if such person is discharged or acquitted before the expiry of the

period aforesaid, until such discharge or acquittal, as the case may be.

(2) Where, by virtue of the provisions of sub-section (1), the driving licence

held by a person becomes suspended, the police officer, by whom the case referred to

in sub-section (1) is registered, shall bring such suspension to the notice of he Court

competent to take cognizance of such offence, and thereupon, such Court shall take

possession of the driving licence, endorse the suspension thereon and intimate the fact

of such endorsement to the licensing authority by which the licence was granted or

last renewed.

(3) Where the person referred to in sub-section (1) is acquitted or

discharged, the Court shall cancel the endorsement on such driving licence with

regard to the suspension thereof.

(4) If a driving licence in relation to a particular class or description of

motor vehicles is suspended under sub-section (1), the person holding such licence

shall be debarred from holding or obtaining any licence to drive such particular class

or description of motor vehicles so long as the suspension of the driving licence

remains in force.

38

Corresponding Law. - Section 21 corresponds to section 17-A of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 21 provides for automatic suspension of the

driving licence of the person who has caused the death of or grievous hurt to one or

more persons, for a period of 6 months or until the person is discharged or acquitted

by the Court, whichever is earlier.

22. Suspension or cancellation of driving licence on conviction. - (1)

Without prejudice to the provisions of sub-section (3) of section 20 where a person,

referred to in sub-section (1) of section 21 is convicted of an offence of causing, by

such dangerous driving as is referred to in section 184 of any class or description of

motor vehicle the death of or grievous hurt to, one or more persons, the Court by

which such person is convicted may cancel, or suspend for such period as it may think

fit, the driving licence held by such person insofar as it relates to that class or

description of motor vehicle.

(2) Without prejudice to the provisions of sub-section (2) of section 20, if a

person, having been previously convicted of an offence punishable under section 185

is again convicted of an offence punishable under that section, the Court, making such

subsequent conviction, shall, by order, cancel the driving licence held by such person.

(3) If a driving licence is cancelled or suspended under this section, the

Court shall take the driving licence in its custody, endorse the cancellation or, as the

case may be, suspension, thereon and send the driving licence so endorsed to the

authority by which the licence was issued or last renewed and such authority shall, on

receipt of the licence, keep the licence in its safe custody, and in the case of a

suspended licence, return the licene to the holder thereof after the expiry of the period

of suspension on an application made by him for such return.

Provided that no such licence shall be returned unless the holder thereof has,

after the expiry of the period of suspension, undergone and passed, to the satisfaction

of the licensing authority by which the licence was issued or last renewed, a fresh test

of competence to drive referred to in sub-section (3) of section 9 and produced a

39

medical certificate in the same form and in the same manner as is referred to in sub-

section (3) of section 8.

(4) If a licence to drive a particular class or description of motor vehicles is

cancelled or suspended under this section, the person holding such a licence shall be

debarred from holding, or obtaining, any licence to drive such particular class or

description of motor vehicles so long as the cancellation or suspension of the driving

licence remains in force.

Corresponding Law. - Section 22 corresponds to section 17-B of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 22 confers upon the Court convicting the

holders of licences for certain offences, the powers to suspend or cancel the driving

licences. It also provides for a compulsory test of competence to drive and a strict

medical test for the drivers involved in fatal accidents before the licence is returned to

the holder. Failure in any one of the two tests will entail in cancellation of the licence

under clause 19.

23. Effect of disqualification order. - (1) A person in respect of whom any

disqualification order is made under section 19 or section 20 shall be debarred to the

extent and for the period specified in such order from holding or obtaining a driving

licence and the driving licence, if any, held by such person at the date of the order

shall cease to be effective to such extent and during such period.

(2) the operation of a disqualification order made under section 20 shall not

be suspended or postponed while an appeal is pending against such order or against

the conviction as a result of which such order is made, unless the appellate Court so

directs.

(3) Any person in respect of whom any disqualification

order has been made may at any time after the expiry of six months from the date of

the order, apply to the Court or other authority by which the order was made, to

remove the disqualification ; and the Court or authority, as the case may be, may

having regard to all the circumstances, either cancel or vary the disqualification order :

40

Provided that where the Court or other authority refuses to cancel or vary any

disqualification order under this section, a second application thereunder shall not

be entertained before the expiry of a period of three months from the date of such

refusal.


Vehicles Act, 1939.

Objects and Reasons. - Clause 23 lays down that on the orders of the Courts

disqualifying the holder of the licence, the licence shall cease to be effective.

24. Endorsement. - (1) The Court or authority making an order of

disqualification shall endorse or cause to be endorsed upon the driving licence, if any,

held by the person disqualified, particulars of the order of disqualification and of any

conviction of an offence in respect of which an order of disqualification is made ; and

particulars of any cancellation or variation of an order of disqualification made under

sub-section (3) of section 23 shall be similarly so endorsed.

(2) A Court by which any person is convicted of an offence under this Act

as may be prescribed by the Central Government, having regard to the objects of this

Act, shall, whether or not a disqualification order is made in respect of such

conviction, endorse or cause to be endorsed particulars of such conviction on any

driving licence held by the person convicted.

(3) Any person accused of an offence prescribed under sub-section (2) shall

when attending the Court bring with him his driving licence if it is in his possession.

(4) Where any person is convicted of any offence under this Act and

sentenced to imprisonment for a period exceeding three nonths, the Court awarding

the sentence shall endorse the fact of such sentence upon the driving licence of the

person concerned and the prosecuting authority shall intimate the fact of such

endorsement to the authority by which the driving licence was granted or last

renewed.

(5) When the driving licence is endorsed or caused to be endorsed by any

Court, such Court shall send the partic

Documents

THE MOTOR VEHICLES ACT, 1988 (59 OF 1988)chdtransport.gov.in/forms/mva1988.pdf1 THE MOTOR VEHICLES ACT, 1988 (59 OF 1988) (14 Oct. 1988) An Act to consolidate and amend the law relating